Termination Agreement for Tenants in Germany – Template

Many tenants in Germany consider using a termination agreement instead of a unilateral notice. A termination agreement is a mutual termination of the tenancy that regulates deadlines, the handover date and possible settlements. It can help to avoid eviction lawsuits or uncertainties when both parties seek a quick solution. It is important that the agreement is in writing, clearly formulated and signed by both parties; tenants should pay particular attention to deadlines, deposit arrangements and the return of the flat. This guide explains which contents a termination agreement should contain, which official forms are relevant and how you can practically protect your rights in Germany. In case of doubt, we recommend seeking legal advice or free tenant counselling locally and checking statutory bases such as the BGB.^[1]

What belongs in a termination agreement?

A clear contract avoids misunderstandings. Typical points are:

• End date and exact deadlines for vacating and handing over the keys.
• Handling of the deposit: repayment, possible deductions and deadlines.
• Settlement of outstanding incidental costs and agreement on additional payments.
• Condition of the flat and who is responsible for which repairs.
• Agreement on outstanding rent payments or damages.
• Signatures of both parties and copies for both sides.

Official forms and templates

There is no single prescribed form number for a termination agreement, but useful templates and sample letters exist as guidance on official sites. An example is a written termination or termination offer that clearly names the date, handover and deposit arrangement; such guidance can be found at official institutions.^[2] In addition to the template, use a handover protocol that documents condition and meter readings to avoid later disputes.

If there is a dispute

If a conflict arises despite negotiations, local courts (Amtsgerichte) usually decide on tenancy disputes such as eviction or rent reduction; proceedings are governed by the Code of Civil Procedure and the relevant provisions in the BGB.^[1] Relevant decisions of the Federal Court of Justice may be significant in legal disputes.^[3]

FAQ

Can I as a tenant request a termination agreement?

Yes, you can propose a termination agreement, but the landlord must agree. An offer is legally possible but not enforceable unilaterally.

What deadlines apply to a termination agreement?

The parties set deadlines freely in the termination agreement. For unilateral termination, statutory deadlines under the BGB apply, so tenants should ensure clear written arrangements.

What happens to the deposit after a termination agreement?

The deposit generally remains until the settlement of incidental costs and possible claims for damages; repayment deadlines and deduction reasons should be regulated in the agreement.

How-To

1. Check deadlines and set a binding end date.
2. Create a written termination offer listing all points and present it as a document.
3. Clarify deposit and rent settlements, record possible deductions in writing.
4. Plan the handover time and key transfer and document them.
5. Make copies and keep all receipts secure.

Help and Support

• Gesetze im Internet – BGB §§ 535–580a
• Federal Ministry of Justice (BMJ)
• Federal Court of Justice (BGH) – tenancy law decisions

1. [1] Gesetze im Internet – BGB §§ 535–580a
2. [2] Bundesministerium der Justiz (BMJ)
3. [3] Bundesgerichtshof (BGH) - Mietrecht